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2025 DAILYLAW 10719 (KAR)

NOOR D EL ED COLLEGE v. THE STATE OF KARNATAKA

WP/201150/2025 · 2025-04-25

Chillakur Sumalatha

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201150 OF 2025 (EDN-RES) BETWEEN: NOOR D. EL.ED COLLEGE, NOOR COLONY, NEAR HORTICULTURE CENTER, HALLADAKEERI, HYDERABAD ROAD, BIDAR – 585 401 THROUGH ITS PRINCIPAL MR. BALKISHAN SHARMA S/O. MOHANLAL SHARMA, AGE: 47 YEARS, R/O: BIDAR. …PETITIONER (BY SRI. K. M. GHATE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF PRIMARY & HIGHER EDUCATION, VIKAS SOUDHA, VIDHAN VEEDHI, BENGALURU – 560 001. 2. THE DIRECTOR OF STATE EDUCATIONAL RESEARCH AND TRAINING DEPARTMENT NO.4, 100 FT. RING ROAD, BENGALURU, BANASHANKARI III STAGE, BENGALURU – 560 055. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 3. THE SECTION OFFICER (APPEAL), APPEAL COMMITTEE, NATIONAL COUNCIL FOR TEACHERS EDUCATION, G-7 SECTOR- 10, DWARKA, NEW DELHI – 110 075. 4. THE MEMBER SECRETARY, NATIONAL COUNCIL FOR TEACHERS EDUCATION, GOVERNMENT OF INDIA, G-7 SECTOR- 10, DWARKA, NEW DELHI – 110 075. 5. THE DIRECTOR (EXAMS), KARNATAKA SCHOOL EXAMINATION AND REVALUATION BOARD, MALLESHWARAM, 6TH CROSS ROAD, BENGALURU – 560 003. 6. THE PRINCIPAL AND DEPUTY DIRECTOR (DEVELOPMENT), D.I.E.T., NAUBAD, BIDAR – 585 403. …RESPONDENTS (BY SMT. ARCHANA P. TIWARI, AAG A/W SRI. SHESHADRI JAISHANKAR, AGA FOR R1, R2, R5 & R6; SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS/DIRECTION, DIRECTING THE RESPONDENT NO.6 TO CONSIDER THE REQUEST LETTER SUBMITTED BY THE PETITIONER INSTITUTION IN FILE NO.NOOR/TTI/BDR/2024-25/250 DATED 09.04.2025 VIDE ANNEXURE-L TO THE WRIT PETITION AND THEREBY PROVIDE USER ID AND PASSWORD OF SS0036 TO APPLY THE ANNUAL EXAMINATION APPLICATION FORMS AND RENEWAL FEES 2025 AND ISSUE ANY OTHER APPROPRIATE ORDER/ DIRECTIONS AS DEEMED FIT AND PROPER BY THIS HON’BLE COURT INCLUDING THE COST OF THE PRESENT WRIT PETITION PAYABLE BY RESPONDENTS’ AUTHORITIES I.E., RESPONDENTS NO.1, 2, 5 & 6 AUTHORITIES. - 3 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri K.M.Ghate, learned counsel for the writ petitioner and also Mrs. Archana P.Tiwari, learned Additional Advocate General, who represents respondent Nos.1, 2, 5 and 6. 2. Learned counsel for the writ petitioner states that the petitioner is running a D.EL.ED College on obtaining permission from all concerned authorities. By following the procedure of admitting the candidates, the candidates were admitted. The college took steps for uploading examination forms for the first year and second year freshers as well as repeaters. However, it is found that respondent No.6 i.e., the Principal and Deputy Director (Development), D.I.E.T., Naubad, Bidar, locked the user ID and password pertaining to the college. - 4 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 Without unlocking the user ID and password, the petitioner cannot upload the annual examination forms and other material. The petitioner gave a representation to respondent No.6 on 09.04.2025, but there is no response till now and therefore, the present writ petition is filed. 3. Learned Additional Advocate General Mrs. Archana P.Tiwari submits that the recognition that was given to the petitioner was subsequently withdrawn by respondent No.4 and the petitioner is well aware of the said fact. Learned Additional Advocate General also submits that an appeal is pending before the Appellate Authority i.e., respondent No.3 in respect of the subject matter and thus, writ petition is not maintainable. 4. Learned Additional Advocate General Mrs. Archana P.Tiwari also states that without recognition, the petitioner is not expected to admit the candidates. 5. In reply to the said submission, learned counsel for the writ petitioner Sri K.M.Ghate submits that the appeal was allowed by the Appellate Authority and he will - 5 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 furnish the copy of the order rendered by the Appellate Authority to respondent No.6. 6. The only relief that is sought for by the petitioner is to direct respondent No.6 to consider his representation. Therefore, this Court is of the view that the writ petition is required to be allowed, directing respondent No.6 to consider the representation of the petitioner and pass necessary orders. 7. Thus, the writ petition is disposed of with the following: ORDER i) Respondent No.6 – Principal and Deputy Director (Development) D.I.E.T., Naubad, Bidar is directed to consider the representation of the petitioner dated 09.04.2025 and pass necessary orders in accordance with law. - 6 - NC: 2025:KHC-K:2479 WP No. 201150 of 2025 ii) In case, the petitioner intends to submit any material including the order of the Appellate Authority, he can do so within two days. iii) Respondent No.6 is directed to pass orders in accordance with law on the representation given i.e., the representation dated 09.04.2025 within a period of four weeks from the date of receipt of certified copy of this order. iv) The decision taken be communicated to the petitioner. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE SN List No.: 1 Sl No.: 22 CT:NI